Before analyzing the topic I would like to elaborate what is actually public intoxication? Public intoxication is actually drinking alcohol and any other form of intoxication in public. It is as also known as drunk and disorderly and to drink in publicly. It means to create a disorder when you are drunk in public place. And you are making other irritated by your odd behavior. In the most of the countries, it is considered as a crime because by doing it you can spoil the environment and law and order.
One who is drunk or under the influence of the drug is called criminal. Civilized countries take a very serious step in this matter to control law, order, and to maintain order, and civility in their countries. One who in under the influence of drug don’t know what he is doing he can surely hurt someone or can mock someone which can be hurtful to others. There are certain forces that know how to handle these people such as Butler Law Firm they handle family defense cases.
Basic elements of the criminal charge:
One cannot be charged for public intoxication unless he has a number of elements all of which must be met, including:
- One must appear or seem to be influenced by drug
- Drunk or intoxicated
- And he must be in public
One cannot be charged until he has these elements. As you are looking odd and cannot walk properly so you can easily appear to be intoxicated. And another element is you should be drunk and intoxicated. That you have used a kind of drug which is totally captivating your mind. And you must be public even if you are drunk and you are in your own house or private place cannot be charged for public intoxication. For intoxication charge, you must in public. A drinker can do harm to himself or other too that’s why not drinking and driving is also being made a strict law.
How to recognize a person for intoxication charge?
Question is how to come to know that this person is drunk and he should be charged with public intoxication. There are certain points which can clarify this idea. These are the point:
- You seem so out of control that you are not able to control or to take care of yourself or that you present a threat to the safety of others
- And you are walking outside and while passing by a restaurant and bar appearing tipsy, and behaving in a lewd manner there is a good chance that you can be stopped by local policeman
- You cannot understand the things even your walk is not proper and you look other with keen aye
- Your spin of moods can also help a policeman to charge you for public intoxication
- Your behavior and demeanor is a key to understand your state
There are certain points which can help to identify a person who is influenced by the drug.
How can you defend yourself?
Finding the right attorney is a first step which you need to take to defend yourself if you have a good lawyer he can defend you efficiently. Your lawyer may be able to raise legal defenses. Here are some of the defenses for public intoxication:
- The first defense is that you are drunk and are not doing acting drunk at that time. Behavior was so loud due to the excitement of the promotion, or due to the selection of favorite team
- And public intoxication is not a crime where you are cited
- You are cited for public intoxication while in a private public. You cannot be charged with public intoxication for drinking bitterly in private place.